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Started By
Message
re: Family suing Royal Caribbean in wake of toddler's death
Posted on 12/12/19 at 4:09 pm to NOSHAU
Posted on 12/12/19 at 4:09 pm to NOSHAU
quote:
How is it not frivilous? Someone picked the child up to access the opening. How is that RC fault? Are they to enclose the entire ship to ensure that does not happen?
I dislike our sue-happy culture (I'm an attorney but I don't do Plaintiff's work), but this isn't frivolous based on what I've seen so far and type of other bullshite clogs up the courts.
When this happened people posted pictures of the part of the ship, and it was considerably less noticeable than I anticipated. I'm not saying RC is at fault in a practical, non-legal sense, I'm just saying it made a little more sense about how an elderly man may not have been able to tell there wasn't glass there. In the end, in my mind, it's just an awful story with some negligence for both grandfather and RC, but I'm probably the worst attorney in the world because I don't think the legal concept of negligence necessarily implies moral culpability in a meaningful way.
In other words, awful shite happens and money doesn't really make up for it (nor arguably should it be used to try and do so).
But make no mistake, they'll get paid. It's not frivolous, IMO.
Here is the photo:
(No idea if it was at night or if that photo is a fair representation, etc.).
1
Posted on 12/12/19 at 4:10 pm to Displaced
quote:
Was the window completely open or just unlocked so when pressure was put on it, it swung open? I haven’t really been following this
everything I've read since this came out is that it was open and the grandfather didn't notice there wasn't a pane of glass there.
If that's true, I don't see how they have a case here
Posted on 12/12/19 at 4:12 pm to Pettifogger
quote:
But make no mistake, they'll get paid. It's not frivolous, IMO.
What if grandpappy had tied a few on before hand? Honest question, not suggest that it happened.
There is video if this incident. It just hasn't been released yet.
This post was edited on 12/12/19 at 4:13 pm
Posted on 12/12/19 at 4:14 pm to Displaced
quote:
What if grandpappy had tied a few on before hand?
All sorts of things could mitigate, but from a guy who doesn't do this type of work, I doubt it'll keep them from getting paid.
I suspect RC has pulled all this info already and knows if it has a bombshell or not. I'm guessing they've found a few things to help but nothing gamechanging, and will likely want to resolve this as quickly as possible given the nature of their industry (see Disney gator attack).
Honestly, even if he's had a couple, I'm certain a Plaintiff's attorney would be happy to make a "It's a cruise ship, you should anticipate that people are going to drink moderately and that's all the more reason not to be leaving hard-to-see windows open with 150 foot drops beneath them"
Posted on 12/12/19 at 4:19 pm to Pettifogger
quote:
will likely want to resolve this as quickly as possible given the nature of their industry
I'm pretty sure this has already been going on for like 6 months.
Posted on 12/12/19 at 4:21 pm to Pettifogger
quote:
I'm certain a Plaintiff's attorney would be happy to make a "It's a cruise ship, you should anticipate that people are going to drink moderately and that's all the more reason not to be leaving hard-to-see windows open with 150 foot drops beneath them"
Defense counsel: "It's a cruise ship, and people get obliterated on them every day. Everyone else managed not to toss a 2 year old out of an open window"
Posted on 12/12/19 at 4:27 pm to East Coast Band
Rest of that dipwad family should suffer the same fate as that child.
Posted on 12/12/19 at 4:30 pm to Pesticide
Damn. frick that dude. That sounds bad.
Posted on 12/12/19 at 5:15 pm to East Coast Band
.....I agree that window should have been secured......like permanently sealed.
That poor grandfather will have to live with that loss for the rest of his life. Poor man.
As for the parents......the loss of a child (especially a toddler) is just the most terrible thing a parent can endure.
That poor grandfather will have to live with that loss for the rest of his life. Poor man.
As for the parents......the loss of a child (especially a toddler) is just the most terrible thing a parent can endure.
This post was edited on 12/12/19 at 5:16 pm
Posted on 12/12/19 at 5:17 pm to TheBorg
quote:
There is a difference between Criminal and Civil Courts. The family is, and should be, suing RC in the Civil Courts where a preponderance of evidence is all they need to be awarded compensation. RC is grossly at fault here regardless who was holding the child.
You sound like a 1L who just finished up a torts exam.
Posted on 12/12/19 at 6:12 pm to East Coast Band
quote:
failing to "provide reasonably safe children entertainment areas
I think they´ll win.
I always let my children play on windowsills, or played with them on windowsills.
This is quite normal.
Posted on 12/12/19 at 6:52 pm to East Coast Band
Sad but...it was his fault. I have been on 30 cruises, never lifted my daughters or grandkids on a rail, especially close to a window or edge of the ship.
You can tell if those windows are open or closed
You can tell if those windows are open or closed
Posted on 12/12/19 at 7:13 pm to namvet6566
There needs to be some tightening of the concept of negligence if we are going to hold companies responsible for this kind of situation.
You cannot remove all risks from life. In fact, its these types of law suits which have over the decades created a false sense of security about life.
There is a tremendous hidden cost that our society pays for this type of system. I’m not saying that there aren’t ever any real cases of corporate greed and negligence for which the tort system is appropriate, but it mostly goes too far.
This was a tragedy. An accident.
There’s nothing wrong with the open window on that boat with a damn guard rail across the front of it. People need to be more careful or face the consequences.
You cannot remove all risks from life. In fact, its these types of law suits which have over the decades created a false sense of security about life.
There is a tremendous hidden cost that our society pays for this type of system. I’m not saying that there aren’t ever any real cases of corporate greed and negligence for which the tort system is appropriate, but it mostly goes too far.
This was a tragedy. An accident.
There’s nothing wrong with the open window on that boat with a damn guard rail across the front of it. People need to be more careful or face the consequences.
Posted on 12/12/19 at 7:14 pm to LSUFanHouston
That's what this was no window glass at all.
Posted on 12/12/19 at 7:17 pm to namvet6566
It's easy to see the window is open in pictures. Had to been easy to notice close up. You can see the handles that open and close the windows. Grandpa just fricked up.
If I'm the cruise line I fight all the way to the end. Not like cruise lines have great reputations anyway and people will still go
If I'm the cruise line I fight all the way to the end. Not like cruise lines have great reputations anyway and people will still go
Posted on 12/12/19 at 7:18 pm to namvet6566
Even on the cleanest ships you'll see sea spray residue on the windows.
No way I believe he didn't know it was open. Also had wind rushing in too
No way I believe he didn't know it was open. Also had wind rushing in too
Posted on 12/12/19 at 7:33 pm to lsufanva
And here’s another thing. Suppose there was glass in the window. That guard rail is a foot away from the glass. What reasonably safe grandpa is going to put his 1 or 2 year old up on a guard rail and allow the child to fall forward into a glass window pane?
Posted on 12/12/19 at 7:36 pm to idlewatcher
quote:
What a strange story. If gramps is being charged with negligent homicide, how exactly can they sue RC when RC had nothing to do with the toddler's death?
Reason, cruise line is the one pushing to have the Gramps jail time to get out of any trouble.
Posted on 12/12/19 at 7:40 pm to East Coast Band
quote:
toddler who fell to her death
An absolute fricking nightmare.
Posted on 12/12/19 at 7:40 pm to East Coast Band
This case kind of reminds me of the Disney alligator case. One of those situations where it's horrible all around but frankly RC should have done a better job (like Disney did) of opening their wallet behind the scenes instead of letting this play out and subjecting that family to further trauma.
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